Trade Practices Act 1974 - Consumer Protection Notice No. 4 of 1992 - Consumer Product Safety Standard: Children's Flotation Toys and Swimming Aids

Overview

The Trade Practices Act 1974, enacted by the Parliament of Australia, was established to address issues related to anti-competitive conduct and to ensure fair trade practices. The Consumer Protection Notice No 4 of 1992, issued under section 65E of the Trade Practices Act, is a legislative instrument aimed at addressing the specific safety concerns associated with children’s flotation toys and swimming aids. This notice revokes the previous consumer product safety standard from 1986 and introduces a new standard based on Australian Standard AS 1900-1991, with certain variations to ensure the safety and suitability of these products for children. The policy objective is to protect children from the risks associated with defective or unsafe flotation toys and swimming aids, thereby enhancing consumer safety.

Scope and Application

The Consumer Protection Notice No 4 of 1992, issued under Section 65E of the Trade Practices Act 1974, specifies new safety standards for children’s flotation toys and swimming aids, which are products likely to be used by children under 15 years old in recreational activities or swimming tuition. The Act applies to a broad range of flotation toys and swimming aids such as inflatable rings, arm bands, kick boards, inflatable toy boats, swimming vests, and flotation bubbles, but excludes goods specifically designed for therapeutic use by disabled persons, life jackets and buoyancy vests that comply with relevant Australian Standards, and flotation devices carried on ships or boats for rescue purposes. The geographic reach of this legislation is national, applying across all jurisdictions within Australia. The new safety standard specified in the Notice is Australian Standard AS 1900-1991, with a particular variation noted in the Schedule, which revokes the previous standard published in Gazette Number S620 of 1 December 1986. This Notice extends the application of the safety standard to the specified goods, ensuring they meet the required safety criteria for consumer protection.

Key Provisions

The Consumer Protection Notice No 4 of 1992 under the Trade Practices Act 1974 primarily involves the replacement of a previous consumer product safety standard for children’s flotation toys and swimming aids. Section 65E(1) empowers the Minister of State for Justice and Consumer Affairs to revoke and declare new standards (sections 1(a) and 1(b)). The Notice revokes the existing safety standard published in Gazette Number S620 of 1 December 1986 and establishes a new safety standard based on Australian Standard AS 1900-1991, with a specified variation. This Act imposes specific obligations on manufacturers, importers, and suppliers of children’s flotation toys and swimming aids. They must ensure that their products comply with the new consumer product safety standard as declared in the Notice. This involves adhering to the revised Australian Standard AS 1900-1991, which sets forth detailed safety requirements and specifications for these products. Notably, products that do not meet these standards cannot be marketed or sold to consumers, as they pose potential safety risks to children. The obligations extend to providing appropriate information and warnings about the safe use of these products to end-users. Failure to comply with the new consumer product safety standard can result in significant legal consequences. The Trade Practices Act 1974 includes provisions that allow for enforcement actions against entities that manufacture, import, or supply non-compliant products. Penalties can include fines and, in severe cases, imprisonment. The exact penalties depend on the severity and intent of the breach, as well as the specific provisions of the Trade Practices Act and other relevant legislation. The potential civil and criminal liabilities underscore the importance of adhering to the safety standards set forth in the Notice.